old bills after case closed

[joebob]

My case was closed last month and I forgot to include a old doctor bill when I filed. Now there after me. Does my bankruptcy cover bills that I got before I filed but forgot to add to my creditor list?

[lrprn]

My case was closed last month and I forgot to include a old doctor bill when I filed. Now there after me. Does my bankruptcy cover bills that I got before I filed but forgot to add to my creditor list?

In most bankruptcy districts, any forgotten debt that would have been discharged if it had been included is also considered discharged. Call your lawyer and ask if this is the case in your area.

You can try sending your discharge papers to the medical office. Sometimes this is enough to get the doctor to drop the debt.

If necessary, you can have your lawyer re-open your closed case to include this debt, but it's going to cost extra $$ to do so.

[PaKettle]

lrpn, do you know if this info about districts which include debts that were not listed, is on the web anywhere? I don't even know what to call it or how to search for it. I'll ask my attorney if I remember when I go in to sign the contract next week. But I'd like to find out if California is such a district or not. It would probably be a good link for people to have, here, too, if there is such a link.

[PaKettle]

California law on debt discharge without listing

lrpn, do you know if this info about districts which include debts that were not listed, is on the web anywhere? I don't even know what to call it or how to search for it. I'll ask my attorney if I remember when I go in to sign the contract next week. But I'd like to find out if California is such a district or not. It would probably be a good link for people to have, here, too, if there is such a link.

I found the answer to my own question re California bankruptcy law and whether or not you have to list the debt in order for it to be discharged. You do not, accroding to this attorney in San Diego who answered my question in an email:

"The thing to know here is this, any debt incurred prior to filing the case will be discharged by the bankruptcy, pretty much whether it is scheduled on the Schedule F or not. In other words, not listing a creditor, maybe because it was unknown, or you just forgot it, or some error with your SSN, is not grounds in and of itself to make the debt non-dischargeable.

The Code does allow creditors who aren't listed to file an objection with the Court regarding the discharge of their debt. However, creditor lawyers know that these objections are only granted if: 1. The failure to list the Debt was intentional, AND 2. The creditor missed out on a property distribution in the bankruptcy. Since you have a no asset case, clearly this isn't the case."

"If you do discover later on, say next year, that some creditor is trying to collect, i.e. its still being reported to the Credit Bureaus, then you can dispute that debt by sending the Credit Bureau a copy of your discharge. The Discharge is a blanket discharge of all your debts, it doesn't list the debts wiped out. It has a date on it, and if the debt was incurred prior to the filing, then the Bureau will go ahead and remove.

That said, we still want to list everyone and let the court give them notice, makes it nice and easy."
[Again this varies by District, so check with YOUR attorney!]

DO NOT TAKE THIS AS LEGAL ADVICE! I AM NOT AN ATTORNEY, ONLY REPEATING WHAT SOMEONE TOLD ME. CHECK WITH YOUR ATTORNEY AS THINGS LIKE THIS VARY BY STATE AND DISTRICT.